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From the Las Vegas Review-Journal:
Reading the rule, it is hard to tell what would not qualify as a federally regulated “water of the United States.” Rain-filled ditches and some irrigation channels may now be covered, as well as seasonal streams connected to navigable waters only once a century. If that wasn’t enough, the agencies created a new category for “other waters,” allowing them to exert jurisdiction on a case-by-case basis.
The only waters that will clearly escape federal embrace are those included in the rule’s short list of exemptions. “Puddles” made the cut. But the fact that puddles even needed an exemption demonstrates how broad the federal definitions are.
These interpretations may seem like legal jargon, and they are, but they have the potential to produce a host of practical problems. For newly covered waters, individuals must spend time and resources to secure onerous pollutant discharge permits, and local authorities will need to further regulate these so-called “waters of the United States.”